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TRADEMARK & SERVICE MARK

Indonesia has adopted the International classification of goods, including the Service Marks.
Service Marks are registrable, in accordance to the new Indonesian Trademark Law.

See the procedure of Trademark Application in Indonesia in Flowchart, click here.

APPLICATION REGULATION AND REQUIREMENTS

Trademark and Service Mark Application

For your easy reference, click here.

The requirements for filing an application for registration of a trademark are as follows :
  1. A simply signed Power of Attorney
  2. Particulars of the Applicant :
    1. Full name and address
    2. Nationality (be it a natural person) or detail of incorporation (be it a legal entity)
  3. 30 prints of the mark (can be locally made, unless represented with colors)
  4. On claiming a priority, certified copy of home application
  5. A simply signed declaration that the trademark for which the registration is applied belongs to the party concerned
  6. The list of goods/services and the classes pertaining thereto
  7. The meaning and the transliteration of the mark
Trademark and Service Mark Renewal Application

For your easy reference, click here.

Renewal should be filed the earliest 12 (months) and on the expiration date, which is 10 (ten) years ahead from the validity date.
Validity of trademark registration/renewal granted prior April 01, 1993 is 10 (ten) years from the day of grant (registration).
Validity of trademark registration granted after April 01, 1993 is 10 (ten) years from the day of acceptance (mostly the same as the filing date).
Validity of trademark renewal granted after April 01, 1993 is 10 (ten) years from the previous registration date.

Documents required :

Please note a new regulation issued and effective February 1, 1997: Declaration of Use for renewal purposes has to be legalized up to the Indonesian Consul. No legalization on the Power of Attorney is necessary.
One registration with regardless of multitude of classes requires one Declaration of Use (legalized up to the Indonesian Consul) and as much Power of Attorney as the multitude of classes wished to be renewed.
This new regulation is only applicable for renewal applications filed after January 31, 1997. Applications filed before February 1, 1997 are not subject to this sudden regulation.
Indonesia has adopted "first to file" policy since April 1, 1993. "First to file" gives entitlement protection of the marks. In case of infringement, the judge will directly look at the filing date.
Declaration of Use is merely a formality requirement. The practical purposes are yet to be proven in the years to come.
Trademarks should theoretically be used within 6 (six) months as of the date of registration and further within 3 (three) years after the first use.
Trademarks not in use are not cancelled ex-officio but are only attackable by competitors interested in the marks concerned.
Commercial use, however, is not required, and a few token sales will be considered as use.
The burden of evidence in case of attack on-ground of non-use lies with the Plaintiff.
Since commercial use is not required, it will not be an easy job to attack a trademark registration on ground of non-use.
Considering that the concern trademark is precious, it is crucial to renew it. It is a waste to abandon a trademark with a good historical continuity and replace it with a fresh one.

Requirements for proceeding with recordation matter

Requirements for proceeding with Change of Name, Change of Address, Assignments, Merger/Amalgamation :
  1. Recordation of Change of Address :
    Documents required :
    1) Power of Attorney
    Provision : All Trademark Registrations in the name of the same should be recorded simultaneously. Failed to comply with the provision will cause delay until the provision have been accomplished by recording the remaining Trademark Registration(s) with completely new documents.
    The length of time taken for proceeding with recordation of Change of Address is more or less one year.
  2. Recordation of Change of Name :
    Documents required :
    1) Certified extract from the Commercial Register evidencing the change of name.
    2) Power of Attorney
    Provision : All Trademark Registrations in the name of the same should be recorded simultaneously. Failed to comply with the provision will cause delay until the provision have been accomplished by recording the remaining trademark registration(s) with completely new documents.
    The length of time usually taken for proceeding with the recordation of Change of Name is more or less one year.
  3. Recordation of Assignment of Rights :
    Documents required :
    1) Deed of Assignment, legalized up to the Indonesian Consulate
    2) Power of Attorney
    3) Declaration
    Provision : Registration that consists of the identical or similar mark and covering similar goods are associated and should be recorded simultaneously. Failed to comply with the provision will cause delay until the provision have been accomplished by recording the remaining Trademark Registration(s) with completely new documents.
    The length of time usually taken for proceeding with the Assignment of Rights is more or less one year.
  4. Recordation of Merger/Amalgamation:
    Documents required :
    1) A Deed of Merger/Amalgamation legalized up to the Indonesian Consul
    2) Power of Attorney
    3) Declaration
    Provision : All Trademark Registration in the name of the same should be recorded simultaneously. Failed to comply with the provision will cause delay until the provision have been accomplished by recording the remaining Trademark Registration(s) with completely new documents.
    The length of time usually taken in proceeding with recordation of Merger or Amalgamation is more or less one year.
Considering the above, you are kindly requested to conform your recordation instructions with the above provision(s) in order to avoid any delay and burden (in providing completely new documentation)
For our mutual convenient, please multiply the requirements at your end, as you can print them out by yourself.

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